Lex sportiva and EU sports law

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Abstract

Does the jurisprudence of the Court of Justice of the European Union impede and neutralise the development of the lex sportiva—the body of sports law generated by the sports movement? This article argues that EU sports law has comfortably coexisted with the lex sportiva, and art.165 of the Treaty on the Functioning of the European Union (TFEU) expands, to a limited extent, the possibilities for affording sporting rules a wide margin of appreciation under EU law. However, while EU sports law recognises a territory of sporting self-regulation governed by the lex sportiva, it conditions this autonomy on the acceptance of the integration of general principles of law into the lex sportiva—such as proportionality and good governance. EU law therefore only patrols the outer limits of the lex sportiva, ensuring that an equilibrium between the two judicial domains is maintained.
Original languageEnglish
Pages (from-to)716-733
JournalEuropean Law Review
Volume37
Issue number6
Publication statusPublished - 2012

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